PART 600. Appeals

The court will convene at 2 o'clock in the
afternoon during the appointed terms of the court for the
hearing of appeals except on Fridays when the court will
convene at 10 o'clock in the forenoon.

Special sessions of the court may be scheduled
for such time or such purposes as the court may direct.

When a cause is argued or submitted to the
court with four justices present, it shall, whenever necessary,
be deemed submitted also to any other duly qualified justice
of the court, unless objection is noted at the time of argument
or submission.

§ 600.2
Motions Generally; Special Proceedings; Calendars, Submission

Motions Generally.

Any application, brought on by notice
of motion, may be made returnable on any regular business
day of the court during the period September 1 through
June 30 and on Mondays during July and August, at 10
o'clock in the forenoon unless otherwise ordered by a
justice of the court.

Cross-motions shall be made returnable
the same day as the original motion and shall be served
not less than three days before the return date.

The moving papers shall state the nature
of the application or relief sought; the return day;
and the names, addresses and telephone numbers of the
attorneys for all parties in support, and who are entitled
to notice, of the application. Applications made before
the appeal is heard must obtain a copy of the notice
of appeal or other paper which first invoked the jurisdiction
of the court, and the order, judgment or determination
sought to be reviewed. Applications made for modification,
resettlement, etc. of an order of this court shall contain
a copy of the order and opinion, if any.

By noon of the business day preceding
the day on which a motion is returnable the moving party
must file with the clerk the original moving papers with
proof of service thereof within the time:

prescribed by CPLR 2214(b) and 5516;
or

directed by a justice of the court.

Answering and replying papers, if any,
must be served within the time:

prescribed by CPLR 2214(b); or

directed by a justice of the court;
and the originals thereof with proof of service must
be filed by 4 o'clock in the afternoon of the business
day preceding the day on which the application is
returnable, unless for good cause shown they are
permitted to be filed at a later time.

All papers may be filed either by personal
delivery or by ordinary mail. If filed by mail, they
shall be considered filed only upon receipt; and the
envelope must be marked "Motion Papers." If
an acknowledgment of receipt of the papers is desired,
there must be enclosed with the papers being filed by
mail a self-addressed postage-prepaid postal card bearing
the title of the cause, the nature of the motion, the
date on which it is returnable and a statement of the
papers filed. Such postal card, when stamped and returned
by mail, shall serve as a receipt for the papers listed
thereon.

When an application is presented for
an interim stay or other relief pending the determination
of a motion, the party seeking such relief must inform
the clerk at the time of submission whether the opposing
party has been notified of the application and whether
such party has been notified of the application and whether
such party opposes or consents to the granting of the
relief sought. Time and manner of service of motion papers
shall be directed by a justice. The relief granted to
the moving party will be by brief order appended to the
notice of motion. The justice's signature will apply
to the stay or provisional remedy only; there will be
no direction to a party "to show cause" why
an order should not be entered.

All parties filing papers pertaining
to a motion or special proceeding shall include therewith
a stamped self-addressed envelope.

Special Proceedings. Unless a justice
of the court otherwise directs, all special proceedings
originating in the court, except those commenced
pursuant to CPLR 506(b)(4), shall be returnable at
10 o'clock in the forenoon of any regular business
day of the court during the period August 1 through
June 20, and all papers shall be filed in the manner
and within the time prescribed in paragraphs (a)(3)
and (a)(4) of this section, except that the moving
and opposing parties shall submit to the clerk seven
conformed copies in addition to the original moving
or opposing papers with proof of service of a copy
thereof.

No Calendars. No calendar of motions
and special proceedings shall be published or called.

Submission of Motions and Special
Proceedings.

All motions and special proceedings,
except those commenced pursuant to CPLR 506(b)(4),
unless adjourned or withdrawn, shall be deemed
submitted on the return date thereof. Attendance
of attorneys shall not be required and oral argument
will not be heard.

Applications brought on by notice
of motion or order maybe adjourned once by consent
of the parties. Except in extraordinary circumstances,
in the absence of such consent or approval of
the court the application will be deemed submitted
on the adjourned return date. Notices or stipulations
of adjournment shall be submitted in writing.

§ 600.3
Applications for Leave to Appeal to Appellate Division

When Addressed to a Justice. An application
to a justice of the court for leave to appeal pursuant to
CPLR 5701(c) shall be made within the time prescribed by
CPLR 5513(c). The papers upon which such an application is
made must state whether any previous application has been
made and, if so, to whom and the reason given, if any, for
the denial of leave or refusal to entertain the application
if that be the case.

When Addressed to the Court.

Where leave of this court is required
for an appeal to be taken to it, the application for
such leave must be made in the manner and within the
time prescribed by CPLR 5513 and 5516. Applications pursuant
to CPLR 5703 for leave to appeal from a determination
of the Appellate Term shall be made only after a denial
of a motion for leave to appeal made at the Appellate
Term as provided by section 640.9 of the Appellate Term
Rules.

The papers upon which an application
for leave to appeal is made must contain a copy of the
order or judgment and opinion, if any, of the court below,
a copy of the record in the court below, a concise statement
of the grounds of alleged error and a copy of the order
of the lower court denying leave to appeal, if any. If
the application is to review an order of the Appellate
Term granting or affirming the granting of a new trial
or hearing, the papers must also contain a stipulation
by the appellant consenting to the entry of judgment
absolute against appellant in the event of an affirmance
by the court.

All applications for leave to appeal
addressed to the court shall be submitted without oral
argument and shall be made returnable at 10 o'clock in
the forenoon of a regular business day of the court during
the period September 1 through June 20.

§ 600.4
Calendars

Appeals shall be noticed as enumerated
or nonenumerated.

The following appeals are to be noticed as
enumerated:

Appeals from final orders and judgments
of the Supreme Court, other than those dismissing a cause
for failure to prosecute, for failure to serve a complaint
or for failure to obey an order of disclosure or to stay
or compel arbitration.

Appeals from decrees or orders of the
Surrogate's Court finally determining a special proceeding.

Appeals from orders granting or denying
motions for a new trial.

Appeals from orders granting or denying
motions for summary judgment.

Appeals from orders granting or denying
motions to dismiss a complaint, a cause of action, a
counterclaim or an answer in point of law.

Appeals from orders of the Appellate
Term.

Appeals from judgments or orders in criminal
proceedings.

Special proceedings transferred to this
court for disposition.

Controversies on agreed statement of
facts.

Appeals from orders of the Family Court
finally determining a special proceeding.

Appeals from orders granting or denying
custody of minors after a hearing.

Special proceedings challenging determination
of the New York City tax appeals tribunal.

Such other appeals as the court or a
justice thereof may designate as enumerated.

All other types of appeals not set forth
in subdivision (a) of this section shall be noticed as nonenumerated.

At appellant's option, an appeal may
be prosecuted upon a record or statement authorized by CPLR
5526, 5527 or 5528.

The Appendix System.

If the appeal is prosecuted by the appendix
system pursuant to CPLR 5528(a)(5), appellant shall subpoena,
from the clerk of the court from which the appeal is
taken, the papers constituting the record on appeal as
set forth in CPLR 5526 and cause them to be filed with
the clerk of this court within 30 days after settlement
of the transcript of proceedings or statement in lieu
of a transcript. At the time the subpoena is served,
the appellant shall deliver to the clerk two copies of
the statement required by CPLR 5531.

The clerk from whom the papers are subpoenaed
shall prefix one copy of the statement required by CPLR
5531 to the papers and firmly fasten such papers across
the top, exclusive of the transcript or statement in
lieu thereof, if any, and transmit them to the clerk
of this court, together with the additional copy of the
statement required by CPLR 5531 and a certificate listing
the papers constituting the record on appeal and stating
whether all such papers are included in the papers transmitted.

If a transcript of proceedings or statement
in lieu of a stenographic transcript as settled is not
included in the papers so subpoenaed, appellant shall
file the ribbon copy of the transcript or the statement
at the time of filing the appellant's brief. Where feasible,
the parties shall stipulate, pursuant to CPLR 5525, subdivision
(b), that only a portion of the transcript of proceedings
need to be filed.

Where a full or partial transcript of
proceedings is made part of the record on appeal, appellant
shall serve upon, or make available to, respondent a
conformed copy thereof in the manner and at the time
prescribed by subdivision (e) of this section.

Agreed Statement in Lieu of Record.

If the appeal is prosecuted pursuant
to CPLR 5527, appellant shall reproduce the statement
in lieu of a record on appeal as a joint appendix by
printing or such other method of reproduction authorized
by CPLR 5529. There shall be prefixed to these papers
the statement required by CPLR 5531.

Appellant shall file the original and
nine copies of the statement, with proof of service of
two copies, within 30 days after approval of the statement
by the court from which the appeal is taken, as required
by CPLR 5527.

Optional Full Record. If appellant elects
to proceed on a completely reproduced record on appeal as
authorized by the provisions of paragraph 5, subdivision
(a), of CPLR 5528, the record shall be printed or otherwise
reproduced as provided in Section 600.10 of this Part, and
in such case an appendix shall not be required. A copy of
the record, duly certified, as provided in section 600.10(b)(1)(viii)
of this Part, and nine copies of such certified reproduced
record, with proof of service of two copies, shall be filed
within 30 days after settlement of the transcript of proceedings.
Where feasible, the parties shall stipulate, pursuant to
CPLR 5525, subdivision (b), that only a portion of the proceedings
need to be filed.

When Record Does Not Involve Settlement or
Approval. If the appeal is prosecuted upon a record which
does not involve a transcript or statement requiring settlement
or approval by the court from which the appeal is taken,
the record on appeal must be filed or caused to be filed
within 30 days after filing of the notice of appeal.

Settlement of Transcript.

Within 15 days after receiving the transcript
from the court reporter or any other source, the appellant
shall make any proposed amendments and serve them and
a copy of the transcript upon the respondent. Appellant
may serve on respondent, together with the copy of the
transcript and the proposed amendments, a notice of settlement
containing a specific reference to this subdivision,
and stating that if respondent fails to propose amendments
or objections within 15 days, the provisions of paragraph
(2) of this subdivision shall apply. Within 15 days after
such service, the respondent shall make any proposed
amendments or objections to the proposed amendments of
the appellant and serve them upon the appellant. At any
time thereafter and on at least four days’ notice
to the adverse party, the transcript and the proposed
amendments and objections thereto shall be submitted
for settlement to the judge or referee before whom the
proceedings were had if the parties cannot agree on the
amendments to the transcript. The original of the transcript
shall be corrected by the appellant in accordance with
the agreement of the parties or the direction of the
court, and its correctness shall be certified to thereon
by the parties or the judge or referee before whom the
proceedings were had. When he serves his brief upon the
respondent, the appellant shall also serve a conformed
copy of the transcript or deposit it in the office of
the clerk of the court of original instance, who shall
make it available to respondent.

If the appellant has timely proposed
amendments and served them and the transcript and the
notice provided by paragraph (1) of this subdivision,
and no amendments or objections are proposed by the respondent
within the time limited by this rule, the transcript,
certified as correct by the court reporter, together
with appellant's proposed amendments, shall be deemed
correct without the necessity of a stipulation by the
parties certifying to its correctness or the settlement
of the transcript by the judge or referee. The appellant
shall affix to such transcript an affirmation, certifying
to his compliance with the time limitation and the respondent's
failure to propose amendments or objections within the
time prescribed.

Transcript — Number to Be Prepared
by Court Reporter.

Pursuant to CPLR 5525(a), in all
appeals taken from judgments or orders entered in this
department, the appellant may request that only the ribbon
copy of the typewritten transcript be prepared by the reporter.
If such request be made, only the ribbon copy shall be
required to be prepared by the reporter and furnished to
the appellant. If the appeal is by the appendix method,
such ribbon copy shall be included in the record on appeal
for use by the parties and the court.

§ 600.6
Appeals From Family Court

An appeal from the family court may
be prosecuted in accordance with any of the procedures specified
in section 600.5 of these rules. Any party to such an appeal
may elect to file eight reproduced copies of the brief and
appendix, if any, with proof of service of one copy, in lieu
of a printed or otherwise reproduced brief and appendix as
required by section 600.10 of these rules. The appeal may also
be perfected upon the original record (transcript of hearing,
if any, to be ordered by appellant and filed with the clerk
of the Family Court) and eight reproduced copies of the brief.
There shall be prefixed to the record the statement required
by CPLR 5531; an additional copy of the statement shall be
filed with the clerk of this court.

§ 600.7
Action on Submitted Facts; Transferred Causes

Submission of a Controversy. Unless the court
otherwise directs, the agreed statement of facts in an action
submitted to this court pursuant to CPLR 3222 shall be printed
or reproduced by any other authorized method. A copy of the
statement required by CPLR 5531 shall be prefixed to the
papers constituting the submission. The original and 19 copies
thereof with proof of service of three copies are to be filed
at the time of filing plaintiff's brief and two copies of
the note of issue. All such causes shall be noticed as enumerated
in accordance with the provisions of section 600.11 of this
Part.

Transferred Causes. Article 78 proceedings
transferred to the court pursuant to the provisions of CPLR
7804(g) and appeals transferred to the court by an Appellate
Division of another department pursuant to CPLR 5711 may
be prosecuted in accordance with any of the procedures specified
in section 600.5 of this Part, except that the petitioner
or appellant, whichever the case may be, shall file the record
or cause the same to be filed with the clerk of this court
within 30 days after entry of the order of transference.

State Division of Human Rights Proceedings.
State Division of Human Rights proceedings, transferred to
this court pursuant to Executive Law § 298, shall be
deemed enumerated and prosecuted in accordance with sections
500.5 and 600.11 of this Part. No oral argument shall be
permitted. The Division, upon receipt by it of petitioner's
brief, shall promptly file the original record with this
court.

§ 600.8
Appeals in Criminal Cases

Record and Briefs.

In appeals in criminal cases, other than
those in which permission to proceed on the original
record is granted, the appellant may elect to proceed
by any of the methods specified in section 600.5 of this
Part, and the content and form of the record on appeal
or appendix shall be as prescribed by section 600.10
of this Part.

The content and form of briefs shall
be as prescribed in section 600.10 of these rules and
in addition thereto, there shall be included at the beginning
of the main brief submitted by appellant a statement
setting forth the decision and judgment appealed from;
the sentence imposed, if any, and whether an application
for an order of stay of judgment pending determination
of the appeal was made and, if so, the date of such application,
the court to which it was made, and the decision and
opinion of the court.

When to Be Heard. Appeals in criminal cases
shall be placed on the calendar in the manner described in
section 600.11 (b), (c), (d), (e) and (f) of this Part, but
must be brought on for argument within 120 days after the
last day in which a notice of appeal was required to be filed,
unless the time to perfect the appeal is enlarged by the
court or a justice thereof.

Enlargements of Time. Every application for
an enlargement of time within which to perfect an appeal
for argument or submission, or for an extension of time to
serve and file the record and brief shall be accompanied
by an affidavit satisfactorily explaining the delay and stating
whether there is an order of stay of judgment pending determination
of the appeal outstanding and, if so, the date such order
was granted and whether the appellant is free on bail or
his own recognizance.

Application for Certificate Granting Leave
to Appeal.

Application for a certificate granting
leave to appeal to this court shall be made, in writing,
within 30 days after service of the order upon the applicant,
shall give 15 days notice to the district attorney, shall
be filed with proof of service and shall be submitted
without oral argument.

The moving papers for a certificate granting
leave to appeal shall be addressed to the court for assignment
to a justice, and shall state:

the return day;

the name and address of the party
seeking leave to appeal and the name of the district
attorney;

the indictment number;

the questions of law or fact which
ought to be reviewed; and

that no prior application for such
certificate has been made.

The moving papers must include:

a copy of the order sought to be
reviewed; and

a copy of the memorandum or opinion
of the court below or a statement that there was
none.

Answering papers or a statement that
there is no opposition to the application shall be served
and filed not later than noon of the third day before
the return date stated in the application. Answering
papers shall discuss the merits of the application, or
shall state:

that the file has been reviewed and
includes a response by the district attorney covering
the matters raised in the papers submitted by the
applicant in the court below and an opinion or memorandum
of the justice of that court; and

that the application for a certificate
granting leave to appeal does not contain any new
allegations.

Expedited Appeal of an Order Reducing an
Indictment or Dismissing an Indictment and Directing the
Filing of a Prosecutor's Information.

This subdivision shall govern the procedure
for an expedited appeal to the Appellate Division, pursuant
to CPL 210.20(6)(c), 450.20(1-a) and 450.55, of an order
by a superior court reducing a count of counts of an
indictment or dismissing an indictment and directing
the filing of a prosecutor's information.

After the People file and service a notice
of appeal pursuant to CPL 460.10(1), either party may
request that the Court expedite the appeal. If a request
is made, the Court shall hear the appeal on an expedited
basis as set forth in this subdivision.

The Appellate Division shall establish
an expedited briefing schedule for the appeal. Briefs
may be typewritten or reproduced. The People shall
file nine copies of a brief and an appendix, which
shall include a copy of the indictment and the trial
Court's decision and order. The respondent shall
file nine copies of a brief and, if necessary, an
appendix. One copy of the brief and appendix shall
be served on opposing counsel.

The appeal may be taken on one original
record, which shall include copies of the indictment,
the motion papers, the trial court's decision and
order, and the notice of appeal.

The People shall file with the Appellate
Division, separately from the record, one copy of
the grand jury minutes.

The Court shall give preference to
the hearing of an appeal perfected pursuant to this
subdivision and shall determine the appeal as expeditiously
as possible.

Appeals Taken by the People. An appeal taken
by the People must be perfected by serving a copy on the
appellant's brief upon respondent's appellate attorney, or
in the event that no appellate attorney has appeared for
respondent, upon the attorney who last appeared for him in
the trial court, within nine months of the filing of the
notice of appeal.

Assignment of Appellate Counsel. At attorney
who represents a defendant in the superior court and is a
member of the Assigned Counsel Plan appellate panel, with
defendant's written consent, may apply to the Appellate Division
for appointment as appellate counsel.

Appeals to the Court of Appeals. Service
of a copy of an order on an appellant as required by CPLR
460.10(5)(a) shall be made pursuant to CPLR 2103.

§ 600.9
Appeals in Election Cases

Appeals from judgment and orders entered
in proceedings brought pursuant to any of the provisions of
the Election Law may be prosecuted in accordance with any of
the methods specified in section 600.5 of this Part or, without
printing, upon a record consisting of the original papers,
the typewritten transcript of the stenographer's minutes, if
any, of the trial or hearing, the statement, in duplicate,
required by CPLR 5531, and upon typewritten or reproduced briefs.
The typewritten transcript shall be either stipulated as correct
by the parties or their attorneys, or settled and certified
by the trial judge, as provided in CPLR 5525 and 5532. Such
appeals may be brought on for hearing in such manner and on
such terms and conditions as the court or a justice thereof
may direct by an order granted on the application of any party
to the proceeding.

§ 600.10
Format and Content of Records, Appendices and Briefs

Form and Size.

Generally — Paper and Page Size.
Records, appendices and briefs shall be
reproduced by any method that produces a permanent,
legible, black
on white copy and shall be on a good grade of white,
opaque, unglazed recycled paper that satisfies the requirements
of paragraph (e) of this section. Paper shall measure
vertically 11 inches on the bound edge and horizontally
8-1/2 inches. The clerk may refuse to
accept for filing a paper which is not legible or otherwise
does not comply with the provisions of this Part.

Binding. Every record, appendix or brief
shall be securely bound on the left side; when such binding
is done by means of a metal fastener or other hard material
which protrudes or presents sharp edges, such binding
shall be covered by linen or plastic masking tape or
similar material. The use of Acco, spiral or other bulky
binding edge binders is discourages.

Typeface and Type Size. Records,
appendices and briefs shall be in clear
serifed, proportionally space typeface, such as times
new roman, or serifed monospaced typeface, such as courier.
Proportionally spaced typeface shall be no less than
14 point size, with the exception that footnotes shall
be in type of no
less
than
12 point
size and headings shall be in type no greater than 15
point size. Monospaced typeface shall be no less than
12 point size, with the exception that footnotes shall
be in type no less than 10 point size and headings shall
be in type no greater than 14 point size. Typewritten
text shall be no less than elite size.

Page Format. Records, appendices and
briefs shall be double spaced, with the exception
that footnotes, headings, indented quotations, and a
full size facsimile reproduction of the opinion of
the
trial
court
taken from the official state reports may be single spaced.
The margin on each side of each page shall be at least
one inch; the text on each page shall not
exceed 9 inches by 6-1/2 inches.

Captions. The parties to all appeals
shall be designated in the record and briefs by adding
the word "Appellant", "Respondent",
etc., as the case may be, following the party's name,
e.g. "Plaintiff-Respondent", Defendant-Appellant", "Petitioner-
Appellant", "Respondent-Respondent", etc.
Parties who have not appealed and against whom the appeal
has not been taken shall be listed separately and designated
as they were in the court below, e.g. "Plaintiff", "Defendant", "Petitioner", "Respondent".
In appeals from the Surrogate's Courts or from judgments
on trust accountings the caption shall contain the title
used in the court below, including the name of the decedent
or grantor, followed by a listing of all parties to the
appeal, properly designated. In proceedings and actions
originating in this court, the parties shall be designated "Petitioner" and "Respondent" or "Plaintiff" and "Defendant".

Numbering. Pages of records and briefs
shall be numbered consecutively. Pages of appendices
shall be separately numbered consecutively, each number
preceded by the letter "A"; a respondent's
appendix, if any, shall be numbered consecutively and
may be preceded by the letters "RA".

Page Headings. The subject matter of
each page of the record or appendix shall be stated at
the top thereof, except that in the case of papers other
than testimony, the subject matter of the paper may be
stated at the top of the first page of each paper together
with the page numbers of the first and last pages thereof.
In the case of testimony, the name of the witness, by
whom he was called and whether the testimony is direct,
cross, redirect or re-cross examination, shall be stated
at the top of each page.

Motion Papers. Each affidavit or other
paper contained in a record on an appeal from an order
shall be preceded by a description thereof that must
specify on whose behalf it was read. The name of the
affiant shall be stated at the top of each page containing
an affidavit.

Questions and Answers. The answer to
a question in the appendix shall not begin a new paragraph.

Quotations. Asterisks or other appropriate
means shall be used to indicate omissions in quoted excerpts.
Reference shall be made to the source of the excerpts
quoted. Quotations in briefs may be single spaced, indented.
Where an excerpt in the appendix is testimony of a witness
quoted from the record the beginning of each page of
the transcript shall be indicted by parenthetical insertion
of the transcript page number.

Citation of Decisions. New York decisions
shall be cited from the official reports, if any. All
other decisions shall be cited from the official reports,
if any, and also from the National Reporter System if
they are there reported. Decisions no reported officially
or in the National Reporter System shall be cited from
the most available source.

Record, What to Contain.

If appellant elects to proceed on an
optional full record as authorized by subdivision (c)
of section 600.5 of this Part, the record shall contain,
in the following order:

An index of the record's contents,
listing and describing each paper separately. That
part of the index relating to exhibits shall concisely
indicate the contents or nature and date, if given
of each exhibit and the pages in the record where
it is reproduced and where it is admitted to evidence.
The part of the index relating to the transcript
of testimony shall separately list each witness and
shall state as to each witness the page at which
direct, cross, re-direct and re-cross examination
begins. Such index shall also contain a reference
to the pages where a motion for the dismissal of
a complaint or for the direction of a verdict or
an oral decision of the court, appealed from, appears.

A statement pursuant to CPLR 5531.

If the appeal be from a final judgment,
the notice of appeal, the judgment roll, the corrected
transcript of the proceedings or a statement pursuant
to subdivision (d) of the CPLR 5525 if a trial or
hearing was held, any relevant exhibits, or copies
of them, in the court of original instance, any other
reviewable order, and any opinions in the case.

If the appeal be from an interlocutory
judgment or any order, the notice of appeal, the
judgment or order appealed from, the transcript,
if any, the papers and other exhibits upon which
the judgment or order was founded, and any opinions
in the case.

A stipulation or order settling the
transcript pursuant to subdivision (c) of CPLR 5525.

The opinion in the case or a statement
that there was none.

A stipulation, if any, dispensing
with the printing or filing of exhibits.

Exhibits may be omitted upon
stipulation of the attorneys for the parties,
approved by a justice of the court, which shall
contain a list of the exhibits to be omitted
and a brief description of each exhibit. Exhibits
thus omitted unless of a bulky nature as defined
in this subparagraph shall be filed with the
clerk of the court not later than the Wednesday
preceding the first day of the term for which
the appeal was noticed. Exhibits of a bulky nature
(cartons, file drawers, voluminous folders, ledgers,
machinery, weapons, etc.) thus omitted need not
be filed with the court but shall be kept in
readiness by the parties and delivered to the
court on telephone notice; a letter, showing
that copy has been sent to the adversary, listing
such exhibits and stating that they will be available
on telephone notice shall be filed with the clerk
of the court not later than the Wednesday preceding
the first day of the term for which the appeal
was noticed.

Exhibits which are not relevant
to an appeal may be omitted upon stipulation
of the attorneys for the parties which shall
contain a list of the exhibits to be omitted,
a brief description of each exhibit and a statement
that said exhibits will not be relied upon or
cited in the briefs of the parties to the appeal.

A certificate of the proper clerk,
or a stipulation waiving certification of the papers
pursuant to CPLR 5532, or a certificate subscribed
by the attorney certifying to the correctness of
the papers pursuant to CPLR 2105.

On an appeal by permission under CPLR
5701 from an order granting or denying a motion for a
more definite statement of a vague or ambiguous pleading
or for striking any irrelevant, redundant, scandalous
or prejudicial matter unnecessarily inserted in a pleading,
the portion of the pleading to which the motion is directed
must be italicized if the record is printed or underscored
if otherwise reproduced.

On the outside front cover of the record
shall appear the title of the case, the names, addresses
and telephone numbers of the attorneys for the parties,
and the index number in the court of original instance.
(See paragraph (a)(5), of this section.)

Appendix, What to Contain.

In accordance with CPLR 5528, the appendix
of appellant or the joint appendix shall contain those
parts of the record necessary to consider the questions
involved. A failure to comply with the requirements may
result in rejection of the appendix or may affect the
imposition of costs.

The appendix should include at least,
if in the record, the following:

Notice of appeal; judgment appealed
from; decree appealed from; order appealed from or
sought to be enforced; notice of motion; order to
show cause; opinion (or a statement that there was
none); findings of fact and conclusions of law; report
of referee or hearing examiner; charge to the jury;
verdict; and pleadings if their sufficiency, content,
or form is in issue or material.

Relevant excerpts from transcripts
of testimony or papers in connection with a motion.
These must contain all the testimony or averments
upon which appellant relies or upon which appellant
has reason to believe respondent will rely. Such
excerpts must not be misleading because of incompleteness
or lack of surrounding context.

Copies of critical exhibits, including
significant photographs, to the extent practicable.
Critical exhibits may be omitted upon stipulation
of the attorneys for the parties, approved by a justice
of the court, which shall contain a list of the exhibits
to be omitted and a brief description of each exhibit.
A copy of this stipulation should be included in
the appendix.

Exhibits unless of a bulky nature
as defined in clause (a) of this subparagraph shall
be filed with the clerk of the court not later than
the Wednesday preceding the first day of the term
for which the appeal was noticed.

Exhibits of a bulky nature (cartons,
file drawers, voluminous folders, ledgers, machinery,
weapons, etc.) omitted upon stipulation to subparagraph
(2)(iii) of this subdivision need not be filed
with the court but shall be kept in readiness
by the parties and delivered to the court on
telephone notice; a letter, showing that copy
has been sent to the adversary, listing such
exhibits and stating that they will be available
on telephone notice shall be filed with the clerk
of the court not later than the Wednesday preceding
the first day of the term for which the appeal
was noticed.

Exhibits which are not relevant
to an appeal may be omitted upon stipulation
of the attorneys for the parties which shall
contain a list of the exhibits to be omitted,
a brief description of each exhibit and a statement
that said exhibits will not be relied on or cited
in the briefs of the parties to the appeal.

On the outside front cover of the appendix,
whether bound separately or together with the brief,
shall appear the title of the case and the names, addresses
and telephone numbers of the attorneys for the parties
and the index number in the court of original instance.
(See paragraph (a)(5) of this section.)

Each appendix shall contain an index
of its contents conforming to the extent feasible to
the form of index prescribed by subparagraph (b)(1)(i)
of this section.

Briefs, What to Contain.

Generally.

Except by permission of the court,
principal briefs shall not exceed 70 pages or 14,000
words. The calculation of the length of a brief
shall not include pages containing the table of contents,
tables of citations and any authorized addendum containing
statues, rules, regulations, etc. A word count calculation
shall include all printed text on each page of the
body of the brief. Except by permission of the
court, reply briefs shall
not
exceed
35 pages or 7,000 words. An application
for permission to file an oversize brief shall
be by letter that demonstrates with specifivity good
cause for the oversize submission and asserts that
the brief has been edited for conciseness and to
eliminate repetition. A copy of the proposed brief
shall be submitted with
the letter.

The name of counsel who is to argue
or submit the appeal must appear at the upper right
hand corner of the cover of the cover of all briers
regardless by whom filed. Only one counsel shall
be listed except when the court shall otherwise order
(see section 600.11(f)(2) of this Part).

Unless authorized by the court, briefs
to which are added or appended any matter, other
than specifically authorized by this rule, shall
not be accepted for filing. Boldface type shall not
be used except in point headings or subheadings.

The opinion and findings, if any,
of a hearing officer and the determination and decision
of an administrative department, board or agency
shall be appended to the main brief filed by such
department, board or agency in any proceeding in
which a printed, reproduced or typewritten record
or appendix is dispensed with by statute or court
order and the proceeding is permitted to be heard
on the original papers.

A brief prepared on a computer shall
include at the end of the brief a "Printing Specifications
Statement" that specifies the processing system,
typeface, point size and word count as calculated
by the processing system used to prepare the brief.

Appellant's Brief. Each respondent shall
file the same number of copies of respondent's brief
as appellant is required to file, with proof of service
on each appellant of the same number of copies as appellant
has served. The brief of the appellant shall contain,
in the following order:

an index or table of contents including
the titles of the points urged in the brief and a
table of cases (alphabetically arranged), statutes
and other authorities, indicating the pages of the
brief where they are cited;

a concise statement, not exceeding
two pages, of the questions involved without names,
dates, amounts or particulars. Each question shall
be numbered, set forth separately and followed immediately
by the answer, if any, of the court from which the
appeal is taken;

a concise statement of the nature
of the case and of the facts which should be known
to determine the questions involved, with supporting
references to pages in the record or the appendix,
including, if such be the case, a statement that
proceedings on the judgment or order appealed from
have been stayed pending a determination of the appeal.
Such statement shall include, if such be the case,
a statement that proceedings on the judgement or
order appealed from have been stayed in whole or
in part, by statute or order, pending a determination
of the appeal, or that an application for a stay
has been denied, giving the date of any order and
the court in which the order granting or denying
the stay was made;

the argument for the appellant, which
shall be divided into points by appropriate headings
distinctively printed;

the statement required by CPLR 5531,
as an addendum at the end of the brief;

the opinion upon which the judgment
or order appealed from was based shall also be appended
to the appellant's brief in any case in which the
court has dispensed with a printed, reproduced or
typewritten record or appendix and has permitted
the appeal to be heard on the original papers; and

if the appeal is from an order involving
alimony and counsel fees, the brief shall state the
date of joinder of issue, if issue was joined, and
whether the case has been noticed for trial.

Respondent's Brief. The brief of the
respondent shall contain, in the following order:

an index or a table of contents,
including the titles of the points urged in the brief
and a table of cases (alphabetically arranged, statutes
and other authorities, indicating the pages of the
brief where they are cited;

a counter statement of the questions
involved or of the nature and facts of the case,
if the respondent disagrees with the statement of
the appellant; and

the argument for the respondent,
which shall be divided into points by appropriate
headings distinctively printed.

Appellant's Reply Brief. The reply brief
of the appellant shall contain, in the following order:

a table of contents and a table of
cases (alphabetically arranged), statutes and other
authorities indicating the pages of the brief where
they are cited; and

the reply for the appellant, without
repetition of the arguments contained in the main
brief, which shall be divided into points by appropriate
headings distinctively printed.

Recycled Paper. Every brief and every appendix
shall be printed or reproduced on recycled paper. For purposes
of this rule, paper is recycled if it contains a minimum
content of 50 percent waste paper. Cover and oversized exhibits
need not be printed or reproduced on recycled paper. Every
brief and every appendix shall bear the legend on the bottom
of the cover: &quot;Printed [Reproduced] on Recycled Paper.&quot;
Submission of briefs or appendices not in conformance with
this rule shall not constitute a default, but the clerk may
accept nonconforming papers on the condition that they be
resubmitted in conformance with the requirements of this
rule. This rule shall not apply to parties appearing in forma
pauperis or pro se.

Each endorsement required by CPLR 2101(d) shal include an e-mail address.

§ 600.11
Perfecting and Hearing of Appeals; Calendars; Adjournments

When to Be Noticed

Unless otherwise ordered by the court,
all appeals or causes shall be placed on the calendar
within 20 days after filing the record on appeal, statement
in lieu of a record, the record in a proceeding commenced
pursuant to CPLR 506(b)(4), or the papers in a transferred
Article 78 proceeding, except that in the case of a submission
of a controversy it shall be placed on the calendar at
the time of filling the agreed statement of facts.

The clerk will place no appeal or cause
on the calendar where the necessary papers and brief
are not offered for filing within the 20 day period prescribed
by this section, unless the time for filing has been
enlarged by a justice of the court.

The clerk will place no civil appeal
or cause on the calendar where the necessary papers and
briefs are not offered for filing within nine months
of the date of the notice of appeal from the judgment
or order appealed from, in proceedings commenced pursuant
to CPLR 506 (b)(4) within nine months from the date the
petition is filed, in article 78 proceedings within nine
months from the date of the order transferring the proceeding
to the Appellate Division and in appeals to the Appellate
Division by permission within nine months from the date
of the order granting leave to appeal, unless the time
for filing has been enlarged by order of the court. This
nine-month limitation applies to all appeals including
cross-appeals and may not be extended by agreement or
stipulation of the parties. This paragraph does not extend
the time of any party to take any step in connection
with any appeal or cause. Such times are fixed by other
rules and statutes and the time periods fixed by such
other rules and statutes must be complied with.

How Placed on Calendar.

Enumerated Appeals. An appeal or
cause required by section 600.4 of this Part to be
noticed as enumerated shall be placed on the calendar,
by the appellant or moving party filing with the
clerk, at least 57 days before the first day of the
term for which the matter shall have been noticed,
two copies of a note of issue with proof of service
stating the date the notice of appeal was served,
the date the record on appeal or statement in lieu
thereof was filed, the nature of the appeal or cause,
the court and county in which the action was commenced,
the index or indictment number, the date judgment
or order was entered, the name of the justice who
made the decision, the term for which noticed, and
the names, addresses and telephone numbers of the
attorneys for all of the parties.

Nonenumerated Appeals. All other
appeals shall be noticed as nonenumerated and shall
be placed on the calendar in a manner identical to
that for enumerated appeals

At the time of filing the note of issue,
appellant or the moving party shall file nine copies
of the brief, or brief and appendix conforming with the
requirements of section 600.10 of this Part, with proof
of service of two copies thereof except, where a
typewritten brief is authorized or the appeal is from
the Family Court, eight copies of the brief
with proof of service of one copy may be filed. For appeals perfected after June 30, 2010, one of the copies of each brief shall be filed and served by e-mail, and that copy shall satisfy the Clerk's Office's specifications for filing a text-searchable portable document format file by e-mail. For appendices filed after August 31, 2010, one of the copies of each appendix shall be filed and served by e-mail, and that copy shall satisfy the Clerk's Office's specifications for filing a text-searchable portable document format file by e-mail.

E-mails shall be directed

in civil matters (except Family Court matters) to
AD1copy-civil@courts.state.ny.us

in criminal matters to
AD1copy-criminal@courts.state.ny.us

in Family Court matters to
AD1copy-family@courts.state.ny.us

Answering and Reply Briefs. At least 27 days
before the first day of the term for which the appeal or
cause shall have been noticed, the respondent or opposing
party shall file nine copies of the answering brief, or brief
and appendix conforming to the requirements of section 600.10
of this Part, with proof of service of two copies, except
that where a typewritten brief is authorized or the appeal
is from the Family Court, eight reproduced copies of the
brief with proof of service of one copy may be filed. For briefs filed after June 30, 2010, one of the copies of each brief shall be filed and served by e-mail, and that copy shall satisfy the Clerk's Office's specifications for filing a text-searchable portable document format file by e-mail. For appendices filed after
August 31, 2010, one of the copies of each appendix shall be filed and served by e-mail, and that copy shall satisfy the Clerk's Office's specifications for filing a text-searchable portable
document format file bye-mail. Within
nine days after such service the appellant or moving party
may file a like number of copies of a reply as were filed
of the main brief, conforming to the requirements of section
600.10 of this Part, with proof of service of the same number
of copies as were served of the main brief. For replies filed after June 30, 2010,
one of the copies of each reply shall be filed and served by e-mail, and that copy shall satisfy the
Clerk's Office's specifications for filing a text-searchable portable document format file by e-mail.

Cross Appeals.

The parties shall consult and thereafter
file a joint record or joint appendix which shall include
therein a copy of the cross-notice of appeal. The cost
of the joint record or joint appendix and the transcript,
if any, shall be borne equally among the parties.

It shall be the duty of the first filer
of a notice of appeal to perfect the appeal. Respondent-cross-appellant
shall file its answering brief pursuant to the scheduled
date for a respondent for that specific term and shall
include therein the points and arguments on its cross-appeal.
Appellant shall have nine days thereafter to file its
reply brief and, thereafter, respondent-cross-appellant
shall have nine days to file its reply brief.

Service by Mail. Whenever service of a record,
appendix, note of issue, appellant's or respondent's briefs,
is made through the post office, such service must comply
with CPLR 2103(b)(2), viz., be made 5 days prior to the last
day designated therein.

Time Permitted for Argument.

Counsel for the parties shall consult
and determine whether they wish to argue or submit. If
they wish to argue, the clerk shall be notified by the
parties in one writing of the time desired for argument
by each party. The writing shall be in the possession
of the clerk on or before the court's scheduled date
therefor in that particular term. In the absence of such
notification, the appeal shall be marked submitted with
respect to all parties.

On the argument of an enumerated appeal,
not more than 15 minutes shall be permitted on either
side and only one counsel on each side shall be heard
except when the court shall otherwise order. Any party
may for good cause request additional time by a writing
delivered to the clerk before the day of argument.

Oral argument shall not be allowed in
nonenumerated appeals, except by permission of the Court.

No briefs, letters, or other communications
in connection with an appeal or a cause will be accepted
after the argument or submission of an appeal or cause
unless permission is granted by the Court.

Adjournments. Enumerated appeals or causes
which have been placed on the calendar may be adjourned once
upon the written stipulation of counsel, provided such stipulation
is filed with the clerk not later than 26 days before the
first day of the term for which the appeal has been noticed
and the matter is not being adjourned to the June Term. Any
further adjournment by stipulation must be approved by the
justice of the court. If the appeal or cause is not argued
or submitted during the term to which it has been adjourned,
it shall be marked off the calendar.

Any party to an appeal entitled by law
to a preference in the hearing of the appeal may serve
and file a demand for a preference which shall set forth
the provision of law relied upon for such preference.
If the demand is sustained by the court, the appeal shall
be preferred.

A preference under CPLR 5521 may be obtained
upon good cause shown in an application made to the court
on notice to the other parties to the appeal.

Dismissal of Appeal or Cause. In the event
the appellant or moving party fails to prosecute the appeal
or cause within the time prescribed by this Part, or fails
to restore an appeal or cause to the calendar within 60 days
after it has been marked off the calendar, any other party
to the appeal may move to dismiss the appeal for lack of
prosecution on eight days notice. The moving papers on such
an application must include a copy of the notice of appeal.

Dismissal Calendar Calls.

In May of each year the clerk shall make
up a calendar of all civil appeals or causes not brought
on for hearing within nine months from the filing of
the record or papers upon which the matter was to be
heard, exclusive of such appeals or causes which are
then on the calendar or were marked off the calendar
less than 60 days prior to May first.

In May and October of each year the clerk
shall make up a calendar of all criminal appeals or causes
and all appeals involving writs of habeas corpus in criminal
causes not brought on for hearing within eighteen months
of the awarding of poor person relief, exclusive of such
criminal appeals or causes which are then on the calendar
or were marked off the calendar less than 60 days prior
to the calendar call. Fifteen days notice of the time
and date of such dismissal calendar call, and of the
opportunity to submit an affidavit thereupon pursuant
to paragraph (4) of this subdivision, shall be given
to the appellants by ordinary mail; if the appellant
is a defendant such notice shall be at his last known
place of residence, or if imprisoned, at the institution
at which confined, and similarly to his attorney if any
upon the appeal or who last appeared for him.

The calendars so prepared shall be published
in the New York Law Journal for five consecutive days
and called by the clerk on the fifth day of publication.
The clerk shall cause a notice to be published in the
New York Law Journal during the same period calling attention
to the publication of the calendars and stating the date
and time the calendars will be called.

In the event the appellant or moving
party fails to submit an affidavit with proof of service
of a copy thereof prior to or on the call of any of the
calendars referred to in paragraphs (1) and (2) of this
subdivision satisfactorily explaining the delay and containing
the following information:

the nature of the order or judgement
appealed from;

the date the judgment or order appealed
from was entered or, if the matter was transferred
to this court pursuant to CPLR 7804, the date of
the order of transferral;

the date the notice of appeal was
served;

whether any enlargement of time to
perfect the appeal has been granted; and

in the case of criminal appeals,
the sentence imposed and whether the defendant is
on probation or parole, or free on an order of stay
of judgment pending determination of the appeal;
an order will be entered dismissing the appeal or
cause.

§ 600.13
Costs

Costs upon an appeal under CPLR 8107
shall be allowed only as directed by the court in each case.

§ 600.14
Motions for Reargument or Leave to Appeal to the Court of
Appeals

Reargument. Motions for reargument shall
be made within 30 days after the appeal has been decided
and shall be submitted without oral argument. The papers
in support of the motion shall include a copy of the order
entered upon the decision of this court, and shall concisely
state the points claimed to have been overlooked or misapprehended
by the court, with proper reference to the particular portions
of the record and the authorities relied upon.

Leave to Appeal. Applications for permission
to appeal to the Court of Appeals shall be made in the manner
and within the time prescribed by CPLR 5513(b) and 5516 and
must be submitted without oral argument. The moving papers
shall include a copy of the order of this court from which
leave to appeal is requested, and shall set forth the questions
of law to be reviewed by the Court of Appeals.

§ 600.15
Fees of the Clerk of the Court

On behalf of the State of New York, the clerk
of the court is entitled to receive the following fees:

For an embossed and engraved certificate
of admission as an attorney and counselor at law, twenty-five
dollars;

For a certificate of good standing, five
dollars;

For furnishing a copy, certified or uncertified,
of an opinion, decision, order, record, or other paper
in his custody, one dollar for the first page and 50
cents for each additional page; and

For comparing and certifying a prepared
copy of an opinion, decision, order, record, or other
paper in his custody, 50 cents for the first page and
25 cents for each additional page, with a minimum fee
of one dollar.

for and upon the filing of the record,
or the statement in lieu of the record, on a civil appeal,
or upon the filing of a notice of petition commencing
a special proceeding, $315 by check or money order payable
to "Appellate Division, First Department," except
in the case of a party who by statute or order of the
court has been authorized to prosecute a cause as a poor
person pursuant to CPLR 1101 or is exempted from the
fee requirement by CPLR 8017.

for and upon the filing of each motion
or cross-motion with respect to such appeal,
$45
by
check
or money
order payable
to "Appellate Division, First Department," except
in the case of a motion that seeks leave to appeal
as
a poor
person pursuant to CPLR 1101(a).

None of the fees prescribed in subdivision
(a), subsections (1) through (4), of this section shall be
charged any department or agency of the Federal, City or
State governments or any duly organized bar association.
No charge shall be made for furnishing a copy of the order,
opinion or decision of the court to any party to an appeal
or proceeding pending in the court.

The clerk shall keep proper books of account
and records showing the income from fees which books and
records shall be subject to examination and audit by the
State Comptroller. On or before the 15th day of April and
October in each year the clerk shall render an account under
oath to the State Comptroller of all the income from fees
since the rendition of the last account, and shall pay such
income to the State Comptroller. The clerk shall furnish
a copy of the account to each justice of the court.

§ 600.16
Appeal From an Order Concerning a Grand Jury Report; Appeal
From a Judgment Predicated Upon the Entry of a Plea of Guilty

Appeal From an Order Concerning a Grand Jury
Report. The mode, time and manner for perfecting an appeal
from an order accepting a report of a grand jury pursuant
to CPL 190.85(1)(a), or from an order sealing a report of
a grand jury pursuant to CPL 190.85(5) shall be in accordance
with the sections hereof governing appeals in criminal cases.
An Appeal from such an order shall be preferred causes and
may be added to the term calendar by stipulation approved
by the court or upon motion made in the manner provided by
Section 600.2 of this Part. The record, briefs and other
papers on such an appeal shall be sealed and not be available
for public inspection except as permitted by CPL 190.85(3).
Unless otherwise directed by the court, oral argument will
not be allowed.

Appeal from a Judgment Predicated Upon the
Entry of a Plea of Guilty. On an appeal from a judgment rendered
in a criminal proceeding following entry of a guilty plea
pursuant to CPL Article 220, respondent may elect to file
a brief that urges an affirmance of the judgment solely upon
a claim that there is no reviewable issue because appellant
made a valid waiver of the right to appeal. Upon the submission
or argument of the appeal, the court in its discretion may
direct the respondent to submit a supplemental brief addressing
additional issues to which the appellant may reply.

§ 600.17
Pre-argument Conference

In every civil case (except one originating
in Family Court) in which a notice of appeal is filed or
an order granting leave to appeal to the Appellate Division
entered, or an order transferring an Article 78 proceeding
to the Appellate Division is entered, counsel for the appellant
or petitioner shall file, together with the above, a pre-argument
statement, proof of service and, where applicable, a copy
of the opinion or short form order which contains a memorandum.

The preargument statement must set forth:

Title of the action;

Full names of original parties and any
change in the parties:

Name, address and telephone number of
counsel for appellant or petitioner;

Name, address and telephone number of
counsel for respondent;

Court and county, or administrative body
from which the appeal is taken;

Grounds for seeking reversal, annulment
or modification. Where appropriate, the statement must
indicate whether there is any related action or proceeding
now pending in any court of this or any jurisdiction,
and if so, the status of the case. If an additional appeal
is pending in the same action, indicate the date of entry
of the order or judgment and attach a copy of the notice
of appeal of the preargument statement.

The notice of appeal, or the order granting
leave to appeal, or the order transferring the case to the
Appellate Division shall be filed by the appellant in duplicate
in the office where the judgment or order of the court of
original instance is entered.

The clerk of the court from which the appeal
is taken shall promptly transmit to the Appellate Division
the preargument statement and a copy of the notice of appeal
or order granting leave or transferral.

By order of the Court, counsel and the parties
to the actions may be directed to attend a preargument conference
before a judicial administrative officer or such other person
as may be designated by the Appellate Division.

Should a preargument conference not be scheduled
within 20 days after the filing of a notice of appeal, any
party to the appeal or Article 78 proceeding may apply to
the Court to have such a conference.

Within 10 days after an order directing a
preargument conference has been entered, counsel for respondent
must file with the court a counter preargument statement
together with proof of service. The counter statement must
set forth the extent to which respondent challenges the assertions
made by appellant in the preargument statement. The statement
also must include an explanation of grounds for granting
the relief sought by respondent.

Any attorney who, without good cause shown,
fails to file the materials listed in subdivisions (a) or
(g), fails to timely appear for a scheduled conference, fails
to abide by the terms of a stipulation or order entered following
a preargument conference or fails to demonstrate good faith
during the preargument process shall be subject to such sanctions
as justice of the court may direct.

Upon the conclusion of the conference, if
the parties have entered into a stipulation the Court shall
file an order of approval.

§ 600.18
Habeas Corpus Appeals

Appeals from judgments or orders entered
in any proceeding or action alleging that a person is illegally
imprisoned or otherwise unlawfully restrained in his liberty
within the State may be prosecuted in accordance with any of
the methods specified in section 600.5 of this Part. Such appeals
may also be brought on for hearing in such mode, time and manner
and on such terms and conditions as this court or a justice
thereof may direct by an order granted on the application of
any party to the appeal.

§ 600.19
Appeals From Award of Compensation as to Judicial Appointees

If, subsequent to the filing of a notice
of appeal, the sole issue sought to be reviewed is the amount
of compensation awarded to a judicial appointee (i.e., referee,
arbitrator, guardian, guardian ad litem, conservator, committee
of the person or a committee of the property of an incompetent
or patient, receiver, person designated to perform services
for a receiver, such as but not limited to an agent, accountant,
attorney, auctioneer or appraiser, person designated to accept
service), the appeal may be prosecuted in accordance with any
of the methods specified in section 600.5 of this Part; or
in lieu thereof may be prosecuted by motion in accordance with
the procedure applicable to special proceedings, subdivision
600.2(b) of this Part. In such event, the review may be had
on the original record, and briefs may be filed at the option
of the parties.